Terms and Conditions:
WEBSITE TERMS OF USE
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS. ACCESS TO ANY PART OF THIS WEBSITE IS LIMITED TO HUMAN BEINGS OF AT LEAST THE AGE OF MAJORITY TO ACCESS CANNABIS CONTENT IN THEIR JURISDICTION. ACCESS TO ANY PART OF THIS WEBSITE EQUALS CONSENT TO BE GOVERNED BY THE TERMS OF USE OUTLINED HEREIN.
Overview:
This website, ElevatedBotanist.com is a property owned by Xylem Horticulture, referred to hereafter as “The Company”
In choosing to access this website, or to purchase products or services provided by The Company, you agree to be bound by our Terms and Conditions which apply to all users of the website for any purpose.
Please ensure that you have read our Terms and Conditions carefully before accessing ElevatedBotanist.com. Access to any part of our website is prohibited if you have not read, or do not agree with these Terms and Conditions. These Terms and Conditions are subject to change at any time at our sole discretion and the most current version will always be displayed at this location.
General Conditions:
The Company reserves the right to refuse service to anyone at any time and for any reason whatsoever. In accessing our website, online store, or other services, you understand that your credit card information will be transferred as required over encrypted networks. All other content that you provide may be transmitted over unencrypted networks in accordance with our privacy policy.
Jurisdiction:
You understand that aspects of this Website and the Services, as well as certain Products, may not be available in all jurisdictions. You are responsible for ensuring that it is lawful for you to access and use this Website and Services (including the purchase of Products) in your jurisdiction. If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.
Your Account may be deleted and or terminated without warning, if we believe that you are under age or your use of this Website or the Services (including the purchase of Products) is not allowed in your jurisdiction of residence.
YOU ACCEPT SOLE RESPONSIBILITY TO ENSURE THAT YOU ARE OF THE AGE OF MAJORITY IN YOUR JURISDICTION TO ACCESS MATERIALS CONTAINED WITHIN THIS WEBSITE, AND THAT YOU COMPLY WITH ALL APPLICABLE LAWS REGARDING YOUR ACCESS AND USE OF ANY INFORMATION, PRODUCTS, OR SERVICES ACCESSED THROUGH THE COMPANY.
Privacy:
The Company is committed to respecting the privacy of personal information for all individuals with whom we interact. Credit card information is always kept strictly confidential, and only transmitted over encrypted networks. Individuals who disclose information or commentary through interactions with The Company consent to the use and transmission of this information for marketing and communications purposes and waive any copyright or other restrictions on the use of this information. The Company does not sell personal information to any third-parties or other agents for marketing or any other purposes.
Accounts:
In order to access certain services available on this website, including but not limited to purchase of products through our internet store, individuals may be required to sign up for, open, and maintain an account (“Account”). To sign up for an Account, you will be required to indicate that you have read, understood, and agree to all Terms and Conditions outlined herein.
During the account registration process, you may be required to disclose information including but not limited to your name, email address, physical address, date of birth, phone number, credit card number, username, and password. In transmitting this information, you consent to its use for the following purposes.
1) To confirm that you are of the age of majority to access services as permitted in your jurisdiction;
2) to verify your eligibility to create and to maintain your Account;
3) to enable us to provide certain privacy and security safeguards;
4) to deal with debugging, security, and technical support issues;
5) for payment and billing issues;
6) to ensure that your Account, including your username, is unique;
7) to protect ourselves and others from abuse; and
8) to comply with the law.
All information that you provide to us or that we collect from you in connection with your use of this Website or the Services will be governed by these Terms of Use. You agree at all times to: (a) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (b) maintain and update your information as required to keep it current, accurate and complete. You acknowledge that, if any information provided by you is not current, or is inaccurate, untrue or incomplete, we may suspend or terminate your Account and your ability to use this Website or the Services at our sole discretion.
You cannot transfer your Account to any other individual, or permit anyone to use, or access your Account for any purpose. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your Account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge, and we hereby disclaim any and all responsibility or liability for any direct or indirect harms that result from unauthorized use of your Account.
You must not choose a username that impersonates or infringes the rights of any third party, or that is hurtful, offensive, obscene, racist, sexist, or otherwise inappropriate. You agree that you will not use alternative spellings, misspellings, or take any other actions for the purpose of circumventing these restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, delete, or remove any username at any time and for any reason at our sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND USERNAME, AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Products or Services:
Our online products are available in limited quantities and are subject to return or exchange only according to our Returns Policy and we reserve the right to discontinue any product at any time without prior notice. We reserve the right to limit or deny the sales of our Products or Services to any person, jurisdiction, or geographic region at our sole discretion. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of products, product pricing, and/or any other information are subject to change at any time without notice, and for any reason whatsoever.
All prices displayed on this Website are subject to change. Advertisements on this Website are invitations to you to make offers to purchase Products or Services and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products indicated in your order. Your offer will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order.
We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Also note that the price of any Products on our Website does not include shipping and handling or any applicable taxes or duties. You are responsible for the payment of same.
Although we do our best to provide you with the most accurate Product information, typographical or other errors or omissions may occur. If an item is listed at an incorrect price or with incorrect information due to an error or omission, we reserve the right to correct or cancel an order at any time.
We do not warrant that the quality of any Products, Services, or other materials or information purchased or obtained by you will meet your expectations, or that any errors or omissions in our information will be corrected. All descriptions of products, product pricing, and/or any other information are subject to change at any time without notice, and for any reason whatsoever.
WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES AND AVAILABILITY OF ANY PRODUCTS OR SERVICES THAT WE OFFER AT OUR SOLE DISCRETION. WE ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS REGARDING INFORMATION CONTAINED ON THIS WEBSITE.
Code of Conduct:
All users of this Website are required to be respectful in their communications on this platform, and to refrain from abusive, discriminatory, and inappropriate rhetoric at all times. Products, Services, and information provided are for personal, non commercial use only, and all users are prohibited from copying, scraping, sharing, or reselling any Products, Services, or information accessed through our website without the written permission of The Company.
You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services. You may only use this Website and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of The Company’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. We reserve the right, in our sole discretion, to take any actions we deem appropriate to preserve the integrity of this Website and the Products and Services alluded to herein.
This Website or the Services may provide links to third party websites. As an affiliate, we may be eligible for commissions for purchases made through third parties linked to in our website. The inclusion of these links does not imply that The Company monitors or endorses these websites. We do not accept any responsibility or liability for such websites, either directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
The Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your use of this Website or the Services or other content provided. We recommend that you install appropriate anti- virus or other protective software.
Disclaimer of warranties:
We do not warrant or guarantee that your use of ElevatedBotanist.com will be secure, uninterrupted, timely, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not warrant the utility of, or your satisfaction with any Products or Services that are offered by The Company.
You agree that we may remove the service for indefinite periods of time or cancel the service at any time without notice to you, and at our sole discretion.
You expressly agree that your use of the service is at your sole risk. The service and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, perceived quality, fitness for a particular purpose, durability, title, and non-infringement.
The Company , our officers, directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors shall not be held liable for any harm, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification:
You agree to indemnify, defend and hold harmless The Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Severability:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination:
These Terms of Service are effective unless and until terminated by either you or us. We reserve the right to change these Terms of Service at any time, at our sole discretion, and without notice. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or are suspected to have failed, to comply with any provision of these Terms of Service, The Company also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
Entire Agreement:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Waiver of Product use liability:
Acceptance of these Terms and Conditions constitutes an explicit acknowledgement that The Company accepts no responsibility for any harm arising either directly or indirectly from use of our products. All information contained on this website is for informational purposes only and is not meant to be a substitute for, or addendum to, the advice provided by your own physician or other health care provider. Under no circumstances should information contained in this Website be used for the diagnosis or prevention of any medical condition. If you have been diagnosed with any medical condition, have a family history of psychological or related health conditions, or are pregnant or nursing, you must seek the advice of a trained health professional before use of any products or information contained in this Website.
Neither The Company, nor any of its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees shall be held liable for misuse of any products.
YOU ARE RESPONSIBLE FOR YOUR OWN USE OF ANY PRODUCTS, SERVICES, OR INFORMATION ACCESSED THROUGH THE COMPANY. YOU SHOULD CONSULT A HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCTS, AND YOU ACCEPT FULL RESPONSIBILITY FOR ANY HARMS WHICH ARISE FROM YOUR USE OF PRODUCTS AND SERVICES PROVIDED BY THE COMPANY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR USE OF ANY SUCH PRODUCT COMPLIES WITH ALL APPLICABLE LAWS.